Getting an Order of Nondisclosure for a DWI Probation

By | May 12, 2020

order of nondisclosure dwi probation texas

One of the main concerns that clients have when they have been arrested for driving while intoxicated is how a conviction for that offense will affect their future job prospects. That is a completely reasonable concern.

In this post, I explain the “hurdles” you have to clear in order to get an order of nondisclosure if you were sentenced to probation for driving while intoxicated.

The “hurdles” are explained in the form of question. I also explain the consequences of what your answer might be. The Texas legislature has put up a lot of hurdles, so pack your patience before you travel through all the questions.

Were you convicted of any offense other than a traffic offense punishable by fine only during the time you were on probation or deferred adjudication probation?

If the answer is “no,” then read on.

If the answer is “yes,” then you can’t get an order of nondisclosure.

Have you been previously convicted of or placed on deferred adjudication probation for any offense requiring registration as a sex offender?

If the answer is “no,” then read on.

If the answer is “yes,” then you can’t get an order of nondisclosure.

Have you been previously convicted of or placed on deferred adjudication probation for aggravated kidnapping?

If the answer is “no,” then read on.

If the answer is “yes,” then you can’t get an order of nondisclosure.

Have you been convicted of or placed on deferred adjudication probation for murder or capital murder; Trafficking of Persons; Continuous Trafficking of Persons; Injury to a Child, Elderly Individual, or Disabled Individual; Abandoning or Endangering a Child; or Stalking?

If the answer is “no,” then read on.

If the answer is “yes,” then you can’t get an order of nondisclosure.

Have you been convicted of or placed on deferred adjudication probation for violating or repeatedly violating a court order or condition of bond in a family violence, child abuse or neglect, sexual assault or abuse, stalking or trafficking case?

If the answer is “no,” then read on.

If the answer is “yes,” then you can’t get an order of nondisclosure.

Have you been convicted of or placed on deferred adjudication probation for any offense involving family violence?

If the answer is “no,” then read on.

If the answer is “yes,” then you can’t get an order of nondisclosure.

In the case for which you want an order of nondisclosure, did the judge make an affirmative finding that the offense involved family violence?

If the answer is “no,” then read on.

If the answer is “yes,” then you can’t get an order of nondisclosure.

Now for the DWI-specific questions. I’m still assuming that you were placed on probation for DWI.

Were you convicted of driving while intoxicated and of having a blood alcohol concentration of equal to or greater than 0.150?

If “yes,” stop reading. You can’t get an order of nondisclosure if you were convicted of DWI and of having a BAC that high.

If “no,” then go to the next question.

Was your probation revoked?

If “yes,” stop reading. You can’t get an order of nondisclosure if your probation was revoked. I don’t mean “did the probation department file a motion to revoke your probation?” because that isn’t the issue. The issue is “did the judge grant a motion to revoke your probation?”

If your answer is “no, my probation wasn’t revoked,” then read on.

Did you complete the probation period?

If your answer is “yes,” then go to the next question.

If “no,” stop reading. You can’t get an order of nondisclosure if didn’t complete the probation period.

If you’re not sure if you completed the probation period, call a lawyer.

Did you serve all of the jail time as a condition of probation that you were supposed to serve?

If your answer is “yes,” then go to the next question.

If “no,” stop reading. You can’t get an order of nondisclosure if didn’t serve all the jail time that you were supposed to serve.

Did you pay all of your fines, costs, and restitution?

If your answer is “yes,” then read on.

If “no,” stop reading. You can’t get an order of nondisclosure if you didn’t pay all the fines, costs, and restitution that you were supposed to pay.

Have you ever been previously convicted of or placed on deferred adjudication probation for an offense more serious than a traffic offense punishable by fine only?

If your answer is “no,” then go to the next question.

If “yes, I have been previously been convicted of or placed on deferred adjudication for an offense more serious than a traffic offense punishable by fine only,” then stop reading. You can’t get an order of nondisclosure.

Did you, as a condition of probation, have an ignition interlock device (“IID”) for at least six months?

If “yes,” go to the next question.

If “no,” skip down to the question about whether five years have passed.

Did you successfully comply with that IID condition?

If “yes,” go to the next question.

If “no,” then you can’t get an order of nondisclosure.

Have two years passed since the date you completed your probation?

If “yes, two years have passed,” then you can petition the court that imposed the sentence for an order of nondisclosure.

If “no, two years have not passed,” then you have to wait out the two years before you can petition for an order of nondisclosure.

Have five years passed since the date you completed your probation?

If “yes, five years have passed,” then you can petition the court that imposed the sentence for an order of nondisclosure.

If “no, five years have not passed,” then you have to wait out the five years before you can petition for an order of nondisclosure.